Winds of Change the newsletter of the

July 2003 Ohio Valley Environmental Coalition E Huntington, WV www.ohvec.org

Judy Bonds (center) with the other winners of the prestigious Goldman Prize - one from each inhabited continent. The winner from South America could not be there because she was unable to get a visa to get in the U.S. - she'd been arrested in the course of her activism. WV Activist Wins Global Environmental Award by Peter Slavin CEO a dressing-down. Facing Co. chief Special to The Washington Post, June 9, 2003 at the nearby podium, she accused At a May stockholders’ meeting of one of the Massey’s mining operations of trampling on the people and nation’s largest companies, one-time convenience store environment of southern West . clerk and Pizza Hut waitress rose and gave its “When it rains, Appalachian children go to bed fully clothed,” she said, as Blankenship stood motionless and Inside expressionless. “They lie sleepless and traumatized, ready "Fair Trade" Coffee Cartel ...... page 2 to evacuate their homes in case of flooding from your strip Chauncey Gets Dumped On ...... page 7 mines.” OVEC Activists Lobby in DC ...... page 13 As her 12-year-old grandson lies in bed, she went Christmas in July - Really! ...... page 16 on, he “plans escape routes in case one of your many toxic waste dams fails.” continued on page 5 1 OVCC: The Ohio Valley Coffee Cartel by Abe Mwaura face can be alleviated. Next to the rice cakes and Maryanne’s These problems include hummus, there is now a new addition to the Ohio Valley job loss and desperation as Coffee Cartel (OVCC) Whirlpool fridge. A shipment farmers have been forced of coffee – fair trade coffee. from their jobs. The In another grand attempt to take on more tasks economic instability than they can possibly handle, the OVCC staff has now caused by the lack of fair taken up trading in the dark elixir of hyperawakedness. prices for coffee has You too can satisfy your painful addiction for this nectar, driven many of these and now you can do it with fair trade coffee from farmers to starvation. OVCC. Sometime they abandon As the coffee (and tea) market in the US their children, community continues to grow, the farmers are being exploited even and property in search of jobs. more: by their own governments, by big corporations, Sometimes farmers inadvertently increase environmental and bluntly put, by you. problems by cutting down trees, hoping this will make This means that while you pay almost $3 for a their coffee farms more economically viable. cup of Starbucks, the farmers are getting mere pennies Fair trade brings hope and justice to the farmers on the pound, generally not enough to sustain themselves who are lifted out of poverty by being paid legitimate and their families. The system is set up such that most prices for their crop and their hard work. people in these countries cannot even afford their own OVCC is selling fair trade coffee from the coffee once it hits their local markets. Arizona-based Tonatierra project, No Justice, No OVCC (and even Starbucks) has realized this Java, at $10 per 16 oz. bag. Call us at (304) 522- and taken up a very simple system (yes it’s legal – 0246 and we will make sure you get your coffee. although it’s akin to stealing from the rich and giving to Even when you do get the urge to go to a the poor) which has been around for a while but is still Starbucks Café, or any other café for that matter, ask not entirely popular. for fair trade coffee. Fair Trade Coffee Another thing to do would be to spread the Fair trade coffee guarantees the small family word as widely as possible. Tell your friends or, if you farmers a fair price for their coffee, and through this think you can’t get the details right, give them this article. simple economic model several problems these farmers Have a “fair to the last drop” day! Who is Abe Mwaura, and Why is He Helping OVEC Push Fair Trade Coffee? Abe was born in Kansas, has lived in Kenya minded. and , and now lives in the clouds. He is an Most recently avid traveler, and thinks it’s a good way to meet women. he was an An unrepentant idealist, he has blindly become a lover officer in the of human beings and he likes chocolate. Marshall Many say he will die young, so he has attempted Chapter of a variety of dangerous things, just to prove them wrong. Habitat for He has never received a speeding ticket, although it Humanity and would be well deserved, but he still has a few weeks Marshall left in the country to change that trend. Action for His activism began in the church and community Peaceful OVEC intern Abe Mwaura. service, and he has always been politically- and socially- Solutions where, he got to know Dave Cooper and continued on page 3

2 Going (Slowly) Down the Road to Clean Elections by Janet Fout Some may argue that in these times of budgetary The road to clean elections is by no means a high- shortfalls, the state can’t afford to finance political speed freeway, but little by little, this campaign finance reform campaigns. But let’s face it. As taxpayers, we are already legislation is gaining the respect and scrutiny of the West paying, and paying, and paying. Virginia legislature. Unfortunately, few regular folks are benefiting from And why shouldn’t it? Elected officials currently the policies that are being enacted. Instead, our tax dollars have to spend a huge portion of their time raising campaign are subsidizing those same special interests that finance contributions. campaigns (in 2000, less than ½ of 1 percent of all West This voluntary option will not only free them up to Virginians contributed to legislative races). spend more time talking to their constituents about important For example, the Department of Transportation issues, but also can help restore integrity to the political concluded it would take at minimum $2.8 billion over the process. continued on page 4 Note to the Homeland Security Folks: Environmentalists Are Not Terrorists by Kathryn A. Stone spirits. What an opportunity to quiet To the Charleston Gazette Editor: these nuisances by calling them I read with dismay the article by Ken Ward Jr. in terrorists! Assail their patriotism the Gazette quoting Lt. Col. Herb Lattimore on the subject and make them pariahs! of potential terrorist groups in our state. Most environmental Although I would agree that racial hate groups and activists whom I know (and I This is your Earth without environmental terrorists. certain religious groups, because of past activities, should count myself as one), are be in his lexicon of those to watch, lumping environmental passionately concerned about the health and well-being of activists in this group makes me very suspicious and angers all citizens who are at the mercy of wanton industrial pollution me. and destruction being visited upon our planet (these are the Lt. Col. Lattimore and Bill Raney seem to be kindred “real” terrorists!). Clean air, clean water and clean soil are birth rights that everyone should OVEC Board of Directors & Staff want to protect. To classify this as Board Members terrorism is a consummate distortion LaShonda Bare, Co-Chair John Taylor, Co-Chair of truth. Gregg and Melissa Anthony Jeff Bosley This is your Earth with Thank God for these Greg Carroll David Duke environmental terrorists. “terrorists,” without whom Eric Fout Winnie Fox Any questions? cancer and respiratory Larry Gibson Regina Hendrix Rebecca Hoff Tom Jones ailments, to name a few, would be rampant. Dan Kash Thomas Kincaid Mwaura Autobiography Beady Phillips Sharon Roon Elinore Taylor continued from page 2 Full- and Part-Time Staff Janet Fout of OVEC. Dianne Bady Janet Fout Vivian Stockman OVEC is now seriously reconsidering taking on this Maryanne Graham OVEC Webmaster Don Alexander wild child, because they are worried about their clean-cut Winds of Change Editor Dianne Bady image. HA! He’s perfect. He is also very pompous and is Winds of Change Spam Can Collector Monty Fowler always right, and has one of those personalities that deceives you into thinking he knows more than he really does. Ohio Valley Environmental Coalition He now intends to move to El Salvador at the end P.O. Box 6753, Huntington, WV 25773 phone: (304) 522-0246 fax: (304) 525-6984 of the summer to work with the gang communities in the e-mail: [email protected] web page: www.ohvec.org prisons, and help empower local communities in the rural areas. 3 Clean Elections continued from page 2 out of 47 legislators who favored an increase in coal truck next decade to repair the damage to roads and bridges limits received a total of $100,243 from coal, while 24 of caused by overweight coal trucks running illegally (a fraction the 48 who opposed the limits received a total of $14,695. of that amount could fund legislative races!). In 2002 the While some might argue that they wouldn’t want People’s Election Reform Coalition, which tracks special their tax dollars supporting campaigns of politicians with interest contributions to legislators, found that the during the whom they don’t agree, as a taxpayer, I’m tired of paying special session on overweight coal trucks this summer, 39 for mess after mess heaped on the state by a coal industry

Sub-Committee Members to Call About Clean Elections that has the idea it’s somehow above the law. House Senate During the 2003 Jeffrey V. Kessler (ex officio) Kevin Craig (Chair) legislative session, the WV th th 1514 7 St., Moundsville, WV 26041 428 11 Ave., Huntington, WV 25701 Clean Elections Act was 843-1386 home 845-2580 office 522-6734 home 522-5515 office 357-7880 Capitol phone Rm. 210W 340-3118 Capitol phone Rm. 210 E taken seriously with the maximum number of Jon Hunter (Chair) Jon Amores House supporters and 11 1265 4-H Camp Road, Morgantown, WV 26041 914 Chester Rd., Charleston, WV 25302 co-sponsors in the Senate. 291-3782 344-2519 home This innovative 357-7995 Capitol phone Rm. 225 W 340-3252 Capitol office Rm. 418 M legislation had bi-partisan Mike Ross (Vice Chair) Barbara Fleischauer co-sponsors in both the P.O. Box 219 Coalton, WV 26257-0219 235 High St., Ste. 618, Morgantown, WV 26505 House and Senate. The 636-4398 home 472-4289 office 599-7883 home 296-7035 office lead sponsors were 357-7973 Capitol phone Rm. 203 W 340-3169 Capitol phone Rm. 205 E Delegate Jon Amores Joseph Minard Lidella Hrutkay (Chairman of the House 510 Haymond Highway, Clarksburg, WV 26301 P.O. Box 306, Logan, WV 25601 Judiciary Committee) and 622-6488 home 623-1711 office 752-5242 home 752-6657 office Senator John Hunter. 357-7904 Capitol phone Rm. 204 W 340-3156 Capitol phone 227 E Although neither has publicly supported the Michael Oliverio, III Steven Kominar 95 Hartford St., Westover, WV 26501 P.O. Box 753, Kermit, WV 25674 Act, Gov. Bob Wise and 296-1183 home 292-3339 office 393-3017 home 393-3300 office Secretary of State Joe 357-7919 Capitol phone Rm. 207 W 340-3248 Capitol phone 400 M Manchin both have been very positive in meetings Larry L. Rowe John Pino with Citizens for Clean P.O. Box 60076, Malden, WV 25306 300 Oyler Ave. East, Oak Hill, WV 25901 925-1333 home 925-1333 office 469-3295 office 465-0197 home Elections representatives. 357-7854 Capitol phone Rm. 215 W 340-3114 Capitol phone 242 M The bill has been placed in the 2003 interim Randy White William F. Stemple session in a joint sub- 212 River Dr., Webster Springs, WV 26288 HC 50, Box 380-A, Arnoldsburg, WV 25234 committee of the House 847-7489 home 847-5305 office 655-3112 home 357-7905 Capitol phone Rm. 204 W 340-3112 Capitol phone 216 E and Senate Judiciary committees for additional Steve Harrison Robert A. Schadler study. 104 Bradley Dr., Cross Lanes, WV 25313 P.O. Box 251, Keyser, WV 26726 Interims began 776-4896 home 984-1997 office 788-4024 home May 4 and conclude 357-7841 Capitol phone Rm. 202 W 340-3141 Capitol phone 150 R January 11-13, 2004. Andy McKenzie Rusty Webb Calendar dates for all the 142 Miller St., Wheeling, WV 26003 5022 Bennington Dr., Cross Lanes, WV 25313 sessions are listed at: 243-0244 home 232-2550 office 776-7083 home 343-2900 office www.legis.state.wv.us/ 357-7984 Capitol phone Rm. 211 W 340-3157 Capitol phone 150 R general/intsched.html 4 Judy Bonds continued from page 1 Bonds, 50, is a coal miner’s daughter. Until 2 1/2 years ago, her family had lived for nine generations – starting not long after the Revolutionary War – in and around Marfork Hollow near the Big Coal River, about 40 miles south of Charleston. But in 2001 they moved away, saying Massey’s round-the-clock mining had made life there impossible. Since then, Bonds, who goes by the nickname Judy, has thrown herself more than ever into a struggle being waged by several thousand West Virginians to save their communities and the mountains themselves from what they see as the relentless assault of coal companies. Bonds has been in the thick of fights over coal company blasting that sends small boulders crashing into homes, over collisions between cars and overloaded coal trucks barreling along narrow mountain roads, and over dams holding back billions of gallons of coal waste near herself one. Although she makes only $13,800 a year as schools. But even in West Virginia, few knew her name. organizer for a small community group called Coal River That changed in April, when Bonds received the Mountain Watch, she is donating $49,000 of the prize to $125,000 Goldman Prize, the world’s premier award for her group and its allies. grass-roots environmental activism. Her determination has inspired others. “She’s very The award recognized Bonds’s work opposing fierce and passionate, and it comes straight from her heart “mountaintop removal” – a growing form of strip mining … That’s powerful,” says Janet Fout of the Ohio Valley that involves blowing the tops off mountains to get at coal Environmental Coalition. deposits beneath, while millions of tons of rubble are dumped Bonds is “indefatigable,” says former independent into valleys below, burying streams. Bonds calls it gubernatorial candidate and novelist . “She “environmental insanity.” does not give up.” Some towns near these stupendous operations have Bonds’s energy and sense of urgency prompt been abandoned, and the damage to forests, wildlife and “others to do more than they really want to do,” says Bill water has environmentalists up in arms. The battle to halt McCabe, who works with coalfield citizens groups. mountaintop The president of the West Virginia Coal Association “When it rains, Appalachian removal, which has surprisingly kind words about her. Bonds is “very children go to bed fully clothed. has centered devoted to her cause,” says William Raney. But, he says, They lie sleepless and on whether the real environmentalists are coal company personnel who traumatized, ready to evacuate clogging minimize damage from mining operations and later reclaim their homes in case of waterways the land. flooding from your strip with mining West Virginia’s major political figures, who rarely mines.” debris violates criticize the powerful coal industry and generally side with Judy Bonds, speaking to the federal it on mountaintop removal, have been silent on the subject Massey Energy CEO Clean Water of Bonds’s award. She says neither the governor nor any Don Blankenship Act, is being member of Congress has congratulated or even mentioned waged in the her. federal courts and in Congress. The Bush administration, Asked about her, three top officeholders declined determined to maintain coal as a key energy source, rewrote to say anything of substance. Rep. Nick J. Rahall II (D- the Clean Water Act’s rules to make mountaintop removal W.Va.), said in a statement, “Regardless of where you stand legal by allowing mining waste to be dumped into waterways. on the issue of coal mining, Judy Bonds represents the Her national award “speaks volumes for the courage and conviction of the people of .” stereotype of hillbillies,” says Bonds, who proudly calls continued on page 6 5 Judy Bonds continued from page 5 Mine Workers organizer a century ago who West Virginians who oppose the coal became a legendary crusader for miners’ companies say intimidation still goes on in rights. the coalfields, but Bonds, a friendly but This month, Bonds and other no-nonsense sort, is regarded as fearless. coalfield residents will begin touring the She is credited with inspiring other ordinary country to promote their campaign against people to join the protests, though some mountaintop removal and to build support who have crossed the coal companies say for a bill in Congress that would restore the they have been followed, run off the road, prohibition against dumping mine waste in found their car windows smashed and received waterways. Coal River Mountain Watch and death threats. Bonds are also working with other groups Patty Sebok, a miner’s wife who We're crushed that Gov. Wise on new court challenges against had never spoken in public, says Bonds told didn't include this entry in the mountaintop removal under the Clean her if she wanted something done about final round of the state quarter Water Act and the Endangered Species overweight coal trucks, she had to act. design contest - even though Act. Sebok testified before the legislature and this is just an "artist's Two earlier legal challenges to later went to work for Coal River Mountain conception" of how bad the mountaintop removal succeeded in federal Watch. actual mountaintop removal district court but were overturned on Bonds carries a remarkable process can be. Go figure ... appeal, and the Bush administration knowledge of the industry in her head and turns almost every recently signaled its intent to abandon a central environmental conversation back to coal mining. curb on such mining. A friend, environmentalist Vivian Stockman, says But Bonds is undaunted. The fight, she says, is “only Bonds is driven by love of the land, reverence for God’s beginning.” creation and fury at what coal companies are doing – which B 2003 The Washington Post Co. Used with permission. Bonds calls “rape and take.” Her coalfield roots give Bonds particular credibility. Editor’s Note: In the 14 years since the Goldman She grew up poor, one of six children. She remembers her Foundation started giving this award, the award winners mother and older sister “used to pick up lumps of coal that have always met with the head of the Environmental fell off trains into Marfork to keep us warm.” Protection Agency – except for this year. That’s right, Her father retired from the mines at 65 and three the EPA refused to meet with Judy! Christie Whitman months later was dead of coal-dust-induced black lung must not have been up to answering questions about disease. Her mother admired Mother Jones, the United mountaintop removal.

What's It Going To Take? Griles Has GOT to Go In mid-May, the Washington Post and the New York Times reported that the Department of the Interior’s inspector general is investigating the conduct of Deputy Interior Secretary J. Steven Griles, a former coal industry lobbyist. The Post reported that in 2002, Griles “met at least three times with officials of the National Mining Association while the industry group, a former client, (that) was lobbying This person is: the administration to loosen standards for mountaintop mining (sic) operations … Griles also A. A terrorist. took part in a meeting with a dozen executives of another former client, the Edison Electric B. An Institute, to discuss the administration’s plans to relax clean-air enforcement actions against environmentalist. aging coal-fired plants.” C. A state official Sen. Joseph Lieberman asked the inspector general to investigate Griles. Leiberman worrying about terrorist groups. wrote that there were “numerous troubling questions about whether the deputy secretary has D. Some guy badly successfully avoided conflicts of interests, or the appearance of conflicts.” in need of a makeover. 6 Cancer-Plagued Town Investigates Questionable Dumping by Ann Pancake Around the coalfields, rumors have been circulating for years, stories that seem more the stuff of horror film than life: Unmarked tanker trucks rumble under the cover of night into dark hollows where they dump mysterious loads. For the past 16 years, Chauncey, WV, has harbored its own memories of just such an incident in their small Logan County town. This winter, increasingly alarmed by rising cancer deaths, residents decided to get to the bottom of it. Carlene Mowery, who has spearheaded the investigation, began knocking on doors and community members rallied to help her. She has documented 111 cancer deaths in Chauncey in the last 40 years. In addition to those deaths, 72 people who either live in Chauncey now or spent This snapshot, taken by a Chauncey, WV, resident in a significant portion of their lives there have been diagnosed 1987, shows one of the many convoys of tanker trucks with cancer. All these cases have developed since 1987, that went up Chaffin's Hollow for three weeks. Their the year of the suspected illegal dumping. purpose and intent are unknown at this time. That Chauncey, a town of 300 people, has an incredibly high rate of cancer can’t be disputed. The reason Nuclear Systems.” (This truck in particular frightened the for the rate is unclear. The community has several possible community, but they have since learned that the truck could sources. One is an old power plant that may have have been for nuclear imaging, not dumping nuclear waste.) contaminated the ground and water with PCBs. Another is “You could see a creamy-like substance dripping a place called “the slate dump” where oil and gas were down from the back of the trucks,” Ferrell remembers. “Oh, dumped and buried for many years. But residents seem did it ever stink. We had to take off our jackets and put especially alarmed by November 1987 truck convoys into them over our nose and mouth to breathe, it stunk so bad.” Chafin’s Hollow behind their community. Some agencies have suggested the trucks were used For three weeks, an average of 25 to 27 tanker to fracture a gas well, but Mowery’s research indicates that trucks a night roared through Chauncey and up into the fracturing a gas well requires 13 truckloads of liquid nitrogen. hollow. No one in the community was told what the trucks Records at the Department of Oil and Gas report that 13 were doing. They were hauled by bulldozer up the steep trucks did run up the hollow that November. The community, hill, and after they though, saw hundreds of trucks within three weeks. “Don’t you know you ladies dumped, at least Carlene Mowery says the community has asked can get y’all’s asses shot some were for help for years from the state Division of Environmental off?” washed in the Protection, but with little response. Finally Mowery Unknown truck driver to creek, causing a convinced the EPA's Philadelphia office to investigate. Chauncey residents, 1987. major fish kill. During the week of April 21st, the EPA set up a command Resident post in Chauncey, asked residents to visit them with Gail Ferrell actually walked up the hollow and witnessed comments and questions, and took soil and water samples the dumping. She claims she and her sister saw white trucks from around the community. parked in a circle and men running hoses from the trucks Within six to eight weeks, the EPA says it should into a hole in the ground about the width of a telephone have some results. However, they don’t seem optimistic pole. “The guys had on white hazardous uniforms. Their that these results will be definitive. And some Chauncey faces, everything, was covered. And a man jumped down residents are not confident that the EPA spent much time off the side of the hill and said, ‘Don’t you know you ladies testing up Chafin’s Hollow. can get y’all’s asses shot off?’ That’s what he said.” As Carlene says, “There are just a lot of unanswered Some trucks had “Halliburton” written on them. At questions.” When the EPA does return with its results, there least one truck was blue and white and said “Allegheny will be a public meeting at Omar Elementary School. 7 Stay Tuned for "Moving Mountains," MTR Tunes With a Message The compact disc of music about mountaintop The Spider Song removal that was the brainchild of Jen Osha, and which has Michael and Carrie Kline had input from many creative folks, is nearing completion. Written by Glen Lawson The title is “Moving Mountains.” In Yer Way Creative OVEC members have had a lot of Kate Long involvement in this project, and even have some songs on Company Town the CD. Board member Jeff Bosley is the sound engineer Andrew McKnight and artwork by Winter Ross is featured on the cover. Stay Song for Mother tuned for CD release parties! Songs on “Moving Mountains” Mike Morningstar include: The Fiddler’s Ballad Kiss the Hills Goodbye Jennifer Osha T. Paige Dalporto Under the Blackened Moon Planet Earth Keith Pitzer Steve Eschleman The Mountains of Home Larry’s Mountain Donna Price and Greg Treadway Cherylann Hawk, featuring Vassar Clements Larry’s Song Ruination Elaine Purkey Debbie Jones Quiet Mountain Nathan Wilson Awwww ... Massey Energy May Be "On Thin Ice," Forbes Magazine Says by Martyn Chase prospects and the energy giant may be “skating on thin ice” Charleston Gazette Business Editor with its big bet on low-sulfur coal in central Appalachia, Wall Street is souring on Massey Energy Co.’s according to an article in the May 26 issue of Forbes magazine. The magazine also asserts that Massey was forced ACTION ALERTS - DO IT! to hire “inexperienced” workers after it refused to match wage increases by competitors in the aftermath of the 2000- Stay Informed by E-mail: Join OVEC’s 2001 surge in electricity demand. The result: miners “quit in Action Alert! e-mail list by sending an e-mail droves” and undercut the company’s plans for substantial with “join list” in the subject line to boosts in coal production. [email protected]. This is not a discussion The article, titled “Not King Coal” and written by list, so you won’t be swamped with e-mails. Bernard Condon, traced the company’s lengthy history of You’ll get four to 10 Action Alerts! per month, labor and environmental strife in West Virginia and , chock full of useful info. including the 1985 battle with the United Mine Workers Stay Informed by Phone: If you don’t have and recent environmental disasters along the Big Sandy River or don’t like e-mail, call the OVEC office at and at its mine near Madison. Forbes noted that Massey (304) 522-0246 and ask to be put on our Call missed its earnings targets in eight of the last nine quarters List. We’ll need your name and phone and that the company’s stock price has fallen from $28 two number. Don’t worry - we will only call to let years ago to about $10 today. you know about major events or actions. “[Massey Energy CEO] Don Blankenship made Stay Informed by WWW: Visit money while making enemies of union members and www.ohvec.org frequently for news and action environmentalists,” the article says. “Now he’s not even updates. Check out our extensive background making money. Does he have any friends left?” information in the Issues section. Look for The magazine is generally regarded as conservative. your friends in the People in Action section. Steve Forbes, who ran unsuccessfully for the Republican continued on page 10 8 Does EIS Really Stand for 'Environment Isn’t Saved' or 'Everything Is Screwed'? by Vivian Stockman We waited all this time for this? In May, nearly 2 1/2 years after it was due as part of a lawsuit settlement, several federal and state agencies finally released their draft Environmental Impact Statement on mountaintop removal. For anyone who cares about the future of southern West Virginia and eastern Kentucky, it was a long wait for a brutal smack upside the head. Joan Mulhern with Earthjustice reminded us that West Virginia gets its the original intent of this Environmental Impact Statement copy of the draft EIS (EIS) as published in the Federal Register was “to consider right in the ... chest. developing agency policies, guidance, and coordinated agency decision-making processes to minimize, to the increased to 1,200. Yet despite this harm, the maximum extent practicable, the adverse environmental DEIS does not propose a single specific action effects to waters of the United States and to fish and wildlife to limit that harm. resources affected by mountaintop mining operations, and Furthermore, the government is not to environmental resources that could be affected by the using two of the most important studies it size and commissioned – the ones that evaluated the “The draft EIS is a wholesale location of economic impacts of reductions in valley fill retreat from the promise excess spoil sizes, and the cumulative environmental made by the federal disposal sites in impacts of past and future valley fills. The only government when it agreed to valley fills” (64 reason for this is that the government did not do this study.” Fed. Reg. like the results of those studies, because they Jim Hecker, Trial Lawyers for 5778). showed that the economic harm was tiny, and Public Justice The two the cumulative environmental harm was attorneys who enormous. Those studies showed that filed the case that brought about the EIS were Joe Lovett, restricting fill size would only increase coal now with the Appalachian Center for the Economy and the prices by a dollar a ton, and increase electricity Environment, and Jim Hecker of Trial Lawyers for Public costs by a few cents per megawatt hour. Justice. In an e-mail, Jim wrote: Instead, the DEIS only proposes more "The draft EIS is a wholesale retreat process and more studies. At the same time, the from the promise made by the federal DEIS makes no commitment to retain the only government when it agreed to do this study in existing limit on fill size-the 250 acre limit that December 1998. The promise was to reduce has been in effect since 1998. environmental harm caused by valley fills. All of the alternatives propose to Instead, the DEIS does not propose a single eliminate the buffer zone rule, which is the substantive limit on fill size, location or impacts. strongest current protection for intermittent and The government trumpets its funding of perennial streams." over 30 studies to prepare the EIS. The studies The draft DEIS says that “surface mining” has show that mining and valley fills are causing already claimed nearly 400,000 acres of forested major environmental harm. The impacts are mountains. even greater now than earlier studies suggested. Future “surface mining” could claim over 1.4 Stream miles filled have increased from 560 million acres of this incredibly biologically diverse to 724, and stream miles impacted have ecosystem. continued on page 10 9 Mountaintop Removal EIS continued from page 9 and irreversible environmental consequences. It is Patricia Bragg was one of the litigants on the lawsuit, astonishing, even for the Bush administration, that their as were the West Virginia Highlands Conservancy and an response to this information is to further weaken the OVEC board member. When the DEIS was released, Trish environmental limits on mountaintop removal mining,” Joan wrote: Mulhern told reporters. "This EIS has not reported how our For more information about this draft, e-mail communities have been changed by this mining, [email protected], who can forward you good summaries, and how we are physically, emotionally, and or call the OVEC office at (304) 522-0246. spiritually gutted. We are laid to waste as the rest of the USA allows big corporations to profit at our expense. The politicians would not allow ACTION ALERT this destruction to take place in their back yards, Copies of the massive mountaintop why should we? They have awakened a sleeping removal draft EIS are available in several giant and as the people shake themselves, they regional libraries, as well as on-line at will arise with even more determination to www.epa.gov/region3/mtntop/ correct the wrong our very government has Public hearings are set for 2 to 5 inflicted upon us. Every change made in p.m. and 7 to 11 p.m. on July 22 at The Forum America’s history has come about when the at The Hal Rogers Center in Hazard, Ky., and masses of people bind together and say, ‘Enough the same times on July 24 at the Little is enough.’ " Theater of the Charleston Civic Center in On the day the draft EIS came out, bind together Charleston, WV. we did. Earthjustice hosted a telephone press conference, which was well attended by members of the media, and Massey On Thin Ice which helped enormously in counteracting the public relations continued from page 8 spin put on the document by the Army Corps of Engineers presidential nomination in 1996 and 2000, is president and and the Office of Surface Mining. editor-in-chief. The magazine has a circulation of more than Their press release was a new low in Doublespeak, 900,000, a spokeswoman for Forbes said. even for the Bush administration: Blankenship benefited greatly in the past by facing "The draft EIS recommends actions down the UMW, Condon wrote. “But it’s not his only designed specifically to ensure more effective enemy. Environmental regulators, who he says are in cahoots protection for human health and the with the union, aren’t particularly fond of him either. They environment while enabling the Nation to say he runs some of the nation’s dirtiest mines.” continue to receive the energy benefits of cleaner Now Wall Street has joined the critics, Condon burning Appalachian coal. The additional steps wrote. “The cocky, independent streak that served him so recommended in the draft EIS build upon Federal well has led to bad decisions, such as hiring cheaper but and State actions undertaken in recent years that inexperienced workers.” are effectively reducing mountaintop coal mining Massey lost $33 million on $1.6 billion in revenues related environmental impacts." last year. Fortunately, the folks on the tele-press conference “It’s an ugly turn of events for Blankenship, a brilliant, (reps from Appalachian Center for the Economy and the gutsy operator with an unfortunate tendency to shoot off his Environment, Coal River Mountain Watch, Earthjustice, mouth,” the article said. The article can be read in full at Friends of the Earth, Kentuckians For The Commonwealth, www.forbes.com. OVEC, Trial Lawyers for Public Justice and West Virginia Highlands Conservancy) were able to interpret the "Among politicians and businessmen, 'Pragmatism' Doublespeak for reporters and lay out the truth. is the current term for 'To hell with our children.' " “The EIS studies confirmed the obvious fact that Edward Abbey blowing up mountains and burying streams has enormous 10 Earth Day, Bush-Style Mountaintop Removal Site Used for Federal PR Stunt by Vivian Stockman Riverside High kids could hardly be called "local." The local “How does the nation’s top strip mine regulator high school was Clear Fork, but it has been closed. Bill also celebrate Earth Day? By touring a mountaintop removal noted that kids from Marsh Fork High would be more “local” mine site, of course.” to the Samples Mine area, but that school may be forced to So began Ken Ward’s April 23 article in the close too. “This is the pattern in the coalfields since they Charleston Gazette about Office of Surface Mining director have started blowing up our mountains,” Price said. Jeffrey Jarrett’s Earth Day public relations stunt. “This is the mine that partly surrounds Larry Jarrett, with media in tow, came to Arch Coal’s Gibson’s 50-acre family graveyard and park – what a joke 18-square-mile Samples Mine to tour the company’s it is to think you are doing some kind of good amidst all that “reforestation” test plots. He planted some white pine gross destruction,” said Julian Martin, a board member of seedlings with about a dozen Riverside High School students. the West Virginia Highlands Conservancy. “Jeff…celebrated Earth Day 2003 by planting trees One OVEC member e-mailed that she had toured at an innovative West Virginia site where the nation’s second Arch’s Hobet 21 mountaintop removal site, and the largest coal company has joined hands with the local “overburden that they use as soil on their prize-winning community, watershed groups and schools to restore mined reclamation site would cut your feet to pieces if you walked lands,” gushed a press release sent out by OSM. on it barefoot. I’ll never forget that place.” Sierra Club’s environmental justice resource Coal companies are razing the most biologically coordinator for our area, Bill Price, pointed out that diverse temperate forests on earth, destroying everything, from the hardwoods, to the understory herbs like ginseng, Final Assault a Hit in Theater to the topsoil, to the seed bank in the topsoil, to the streams that are essential to life. For six days in April, Charleston was treated Jarrett’s planting of some pine trees on Earth Day to the world premiere run of “Final Assault.” The in the soil-less rubble of our former mountaintops was a play is about people working to stop mountaintop pathetic public relations ploy. His Earth Day stunt also gave removal, and was written by actor and West Virginia an official stamp of approval to the environmental and native David Selby. Much of the dialogue, which cultural destruction of mountaintop removal. It was shameful elicited laughs as well as gasps, was derived from – but typical of the Bush administration. news stories about mountaintop removal. We heard from a lot of people who really OVEC Volunteers Participate in Health Fair enjoyed the play. For example, some folks who are Hundreds of community residents attended the first struggling to save their land from becoming part of health fair sponsored by the local branch of the NAACP, Arch Coal’s massive Hobet 21 mountaintop removal held May 31st at the A.D. Lewis Center in Huntington. operation said they absolutely loved the play, and it OVEC folks Maryanne Graham, Winnie Fox, Elinore easily could have been about them. Taylor, John Taylor and Thomas Kincaid “personed” the OVEC is very grateful to Maya Nye and the OVEC table at this event. Charleston Stage Company for making the April 18 Clearly, environmental issues are also health issues performance a fundraiser for OVEC. More than 100 and OVEC hopes to do its part by helping more folks make folks turned out for the show, which was followed the connections. As a rule, people who have less access to by a reception with the actors. health care are more likely to be exposed to a Many thanks to the volunteers who sold disproportionate amount of toxic pollution, which may lead tickets, served as ushers and who brought goodies to health problems. That’s one reason that OVEC took for the reception. We raised about $1,500! The funds advantage of this opportunity to broaden our outreach in will be used for events planned by the Friends of the the African-American community. Mountains, a coalition of groups working to end Thanks to the outstanding leadership of Sylvia mountaintop removal. Ridgeway, current president of the local NAACP, this may become an annual event we can look forward to. 11 14th Annual Treehuggers' Ball Features Great Music, Swell Gifts by Janet Fout Please patronize these artists and businesses OVEC friends old that generously donated items for this years event: and new were grooving to the Calamity Café; Roane County artist Joe Lung; artists music at our 14th annual Eric Kumlien and Clarice Kumlien; and Stonecrest Treehugger’s Ball held this Animal Medical Center and Berry Hill Garden and April. A special thanks goes Craft Center, both in Huntington. to Roy and Terry Clark, Community Voices Heard Group Leads owners of the Calamity Café, and for their loyal support of OVEC’s environmental work year after year. (Be sure to Organizing Workshop in Whitesville support this fine Huntington restaurant located downtown In May, 25 coalfield residents and mountaintop on the corner of Hal Greer Boulevard and Third Avenue). removal activists and leaders participated in a dynamic It’s only right to single out Eric Fout for appreciation. organizing workshop in Whitesville, WV. OVEC extends My dedicated OVEC husband has organized the musical its deep gratitude to Coal River Mountain Watch for lending part of this tradition for many, many years and has also their office for this event. The organizing workshop was led played music at most, if not all these events, including this by Paul Getsos, Sondra Youdelman and Sheila Ireland, from one. First there was Eric’s group, Two Dudes With Lutes, Community Voices Heard, a non-profit, grassroots followed by The Pagan Babies, The Porch Band, Moleskin organization in New York City that empowers mostly women Panties (a name I decried as sexist!) and the locally famous of color and is 5,000 families strong. Big Rock and the Candy Ass Mountain Boys, who soon Paul is another awardee of the Ford Foundation’s will premier their first CD. Leadership for a Changing World program. His style of Attending treehuggers rocked, swayed, shuffled and organizing caught both Dianne and Janet’s attention during boogied to the sounds of Paige Del Porto, Them Others, a presentation he made at an LCW meeting. The Common Land Band and Big Rock, and the Candy continued on page 14 Ass Mountain Boys. OVEC deeply appreciates the Just Say NO! to Overweight Coal Trucks volunteer spirit of all the musicians who give so freely of their time and gifts to help OVEC raise local donations to stop the coal industry’s mind-boggling mining practice of mountain range removal and stream annihilation. OVEC also thanks Troy Haney for his thoughtfulness – buying and donating potted herbs for table favors at this year’s event. Sales were brisk for OVEC’s new organic Treehugger’s Ball T-shirt with a very timely and appropriate quote on the back from Helen Keller: “This is the time for a loud voice, open speech, and fearless thinking. I rejoice that I live in such a splendidly disturbing time.” These T-shirts are still available at the OVEC office. Because OVEC’s work focuses on real life and death issues, it’s absolutely essential that OVEC staff, members, and volunteers take a break from hard environmental realities and kick up their heels for some fun Hundreds of people gathered at the state capitol in and relaxation. The Treehuggers' Ball is one way to do that. Charleston in February to oppose an increase in the And last, but certainly not least, OVEC extends its weight limits for coal trucks. Not enough politicians gratitude to all our members, volunteers and supporters who heard the people. The rest ignored the people's will attend, donate and often leave with empty pockets! We and well-being and instead capitulated to the coal couldn’t do this work without your financial support. industry. Campaign finance reform, anyone?

When you're finished with this newsletter, please pass it on! 12 OVEC, Other Activists Do Double Duty in Foggy Bottom In April, OVEC organized a group of about 30 coalfield residents and activists to travel to Washington, DC, to help Coal River Mountain Watch’s Judy Bonds celebrate winning the 2003 Goldman Environmental Prize for North America. (Thanks, Dave Cooper!) Many an eye moistened during the moving ceremony, held at the National Geographic Society’s Auditorium. We are so proud of you, Judy! True to form, we multi-tasking activists couldn’t resist a visit to the offices of West Virginia Senators Byrd and Rockefeller since we were already in the neighborhood. We thanked Sen. Byrd for publicly stating that the National Academy of Sciences recommendations on coal sludge impoundments should be implemented. Those recommendations include identifying Paul and Nanette Nelson of Coal River Mountain alternatives to coal sludge impoundments and ways to Watch speak to one of Senator Byrd's aides (off reduce completely eliminate the “need” for these camera at right) about the dangers of coal sludge impoundments. impoundments. OVEC organized a trip to Washington, We also voiced our concerns over the severe DC, to support Judy Bonds as she received the mountaintop removal-related flooding of the coalfields. Goldman Prize. About 30 people carpooled. We also A few folks also visited some House Republicans made arrangements to meet with Sen. Byrd's office to who are likely to support the Clean Water Protection Act to talk about coal sludge impoundments, since in of 2003, a bipartisan bill that would stop coal companies January Sen. Byrd publicly emphasized that much from dumping our former mountains into our streams. better regulation of these impoundments is needed. The bill would also prevent industries from dumping Our group met with an aide for Sen. Rockefeller as all manner of wastes into our nation’s waters. well. And we had a whole lot of fun!!! MSHA Doesn't Get Mad, It Gets Even - Against Its Own People by Vivian Stockman coal sludge impoundment disaster. That catastrophe What do you get when you diligently and effectively unleashed 306 million gallons of chemical-laden black goo, do your job and attempt to expose wrongdoing? which fouled about 70 miles of Kentucky and West Virginia Investigated and put on indefinite leave, of course. waterways and left sludge up to 7-feet-deep in some people’s In June 2003, Jack Spadaro, a longtime mine yards. According to Jack, top MSHA officials didn’t want inspector and a champion of miners and coalfield residents, to examine “serious deficiencies that were revealed during was put on administrative leave from his job as the investigation regarding the (agency’s) review and superintendent of the Mine Safety and Health approval process for this impoundment.” While saying Jack’s Administration’s National Mine Academy, which is in complaints weren’t valid, MSHA blocked the release of Beckley. Jack figures MSHA will put him on some sort of nearly half of the report its own Inspector General prepared personnel action any day now. on the disaster and MSHA’s oversight of the Massey Under Bush’s rule, MSHA just doesn’t like Jack. operation. Jack is at odds with MSHA’s current push to weaken the According to Mine Safety and Health News, this rules governing miners’ exposure to coal dust. Coal dust is the third time in eight months that MSHA has threatened gives miners black lung disease. If there’s an explosion in an disciplinary action against Jack. On June 4, Jack was in underground mine, the dustier the air, the further the explosion DC, sent there by MSHA for some meetings. In a move travels. more suited to jack-booted thugs, MSHA officials stormed MSHA wasn’t too thrilled, either, when Jack blew his Beckley offices, confiscated his work and changed his the whistle on MSHA’s investigation of the Massey Energy continued on page 17 13 Organizing, Training to Take on Assorted Environmental Obscenities

Participants at OVEC's and Coal River Mountain During the June organizing training, Judy Bonds Watch's organizing workshop included Julie Archer, awarded a check to Larry Maynard so the Delbarton Eddie Harmon, Julian Martin, Frank Young, Viv Environment Awareness Community Foundation in Stockman and Janice Nease. Mingo County can get a computer. The money came from Judy's Goldman Environmantal Prize. Judy also made a very generous donation to OVEC. Thanks so much, Judy! Awardees Visit OVEC to Learn More About Mountain Massacre in WV Five fellow awardees from the Ford Foundation’s Leadership for a Changing World (LCW) program visited West Virginia in mid-May to learn more about OVEC’s work, especially fighting mountaintop removal. These nationally-recognized leaders were among the 2001 winners when Dianne Bady, Janet Fout and Laura Forman were recognized as an award-winning grassroots leadership team. Larry Gibson, second from left, talks to Sheila Ireland, The group, along with several of their colleagues, Sondra Youdelman and Paul Getsos of Community watched Mucked, a movie by film maker Bob Gates, Voices Heard, who visited Kayford Mountain to see showing the devastating coalfield floods in West Virginia in the cracks in a hillside caused by old underground 2001 and 2002, where thousands of homes were destroyed mining that threaten the nearby town of Dorothy, WV. and 14 people lost their lives as a result of mountaintop Workshop removal mining and deforestation. continued from page 12 Wanting to see mountaintop removal for themselves, After the workshop, Larry Maynard who has the group braved heavy rains and dodged many gigantic started his own group in Delbarton, WV, said he liked the coal trucks, to travel to Kayford Mountain where they met graphics, other techniques and learning communications OVEC board member Larry Gibson. Larry demonstrated skills. He realized after participating in the workshop that how the mountains are being annihilated around Kayford he was bogging people down with too much information - using the scale-model designed by artist Carol Jackson. that he needed to streamline his “rap” with people he Folks were astounded by the destruction that they approached. Alisa, Larry’s wife, said she liked Paul’s New saw - incredulous that beautiful, forested mountains were York style, that it was a “tough love” approach. continued on page 15 14 Fourth Interstate Summit for the Mountains a Success

Most of the participants at the 4th Summit for the Mountains are smiling because they know they're winning. OVEC held its Fourth Summit for the Mountains March 7-9 at the beautiful Pipestem State Park Resort in southern West Virginia. About 50 mountaintop removal activists spent the weekend brainstorming and strategizing. OVEC used special funds from the Ford Foundation’s Leadership for a Changing World Award to pay for the event. The Saturday night entertainment included songs from Kate Long and poems from Bob Henry Baber. We had a blast giving out the following awards, complete with silly prizes: The Laura Forman Passion for Justice Award to John Taylor; ☺ Speaking Truth to Power Award to Judy Bonds, Janice Nease and Freda Williams; Glad You Are on Our Side Award to Patty Sebok; Hospitality Award to Kathryn Stone, who places shelter over our heads and lunch in our bellies; Courage in the Face of Adversity Award to Walter Young; Sharing the Homeplace Award to Larry Gibson; Taking it to the Top Award to Regina Hendrix; Excellence in Website Maintenance and Technical Crisis Abatement to Don Alexander (who donates some of the time that goes into the OVEC website); Excellence in Typo Catching and Icon Finding Award to Rosalie Blaul. Congratulations to all the awardees, and to each and every one of you working to end mountaintop removal!

Awardees Visit Leadership continued from page 14 for a being annihilated. Dale Asis, who lives and works in Chicago Changing with immigrant communities, was awestruck by the many, World varied shades of green that he saw on intact mountains - awardees attesting to the unique diversity of West Virginia’s valuable and friends hardwood forests. agree that A very special thanks goes to OVEC board co- they love chair John Taylor, who so graciously drove his van and spent WV's time with our guests for three days! mountains while at Kayford Mountain, WV, in May. 15 Think Christmas in July for that Perfect Holiday Gift by Janet Fout Few people would argue that the winter of 2003 was long and cold. Thankfully, the thoughts of frigid mornings, frost-covered windshields and icy streets are behind us for now. But when July comes around, you might find yourself thinking, “Before I know it, it’s going to be Christmas!” And sure enough, those warm summer days roll by faster than a CSX coal train filled with the remnants of West Virginia’s mountains. Sooner than you think, you may be caught in a December whirlwind searching for that perfect Christmas gift for family members, loved ones and other people you care about. But this year, it’s going to be different! You pledge NOT to be one of those last-minute shoppers buying yet another set of body wash and lotion for Aunt Crystal Left: Glassworks, Inc., Weston, WV, fourth edition in that she doesn’t want or need – purchased in a last-minute the collection, Wood Thrush-2002 in amber by Kelsey panic. Murphy and Bob Bomkamp. Right: Glassworks, Inc., Well, does OVEC ever have a great deal for you! Weston, WV, fourth edition in the collection, Jack-in- It’s Christmas in July! We’ll help you keep that promise to the Pulpit-2002 in amethyst by Kelsey Murphy and yourself! A very limited number of lovely, delicate hand- Bob Bomkamp. blown West Virginia glass ornaments made especially for OVEC are still available to buy now! For the past four years, OVEC has offered these beautiful items to help raise funds for our “Stop Mountaintop Removal!” campaign. Every ornament in this exclusive, collectible series features West Virginia plants and animals whose habitat is destroyed by mountaintop removal. You can ease your burden of last-minute Christmas shopping by purchasing these collector’s items and help protect the mountains at the same time. Call OVEC at (304) 522-0246 today and get a head start on Christmas. Prices: Pilgrim ornaments, $45 each or two for $85 Glassworks ornaments, $40 each or two for $75 Please include an additional $4.00 for postage and handling. Left: Pilgrim Glass, Inc., Huntington, WV, third edition All proceeds (above costs) support OVEC’s efforts in the collection, Bloodroot-2001 in white by Kelsey to protect West Virginia’s mountains, streams and mountain Murphy. Right: Pilgrim Glass, Inc., Huntington, WV, communities. Order yours today by calling OVEC or send third edition in the collection, Cerulean Warbler- 2001 an e-mail to us at [email protected]. in cobalt by Kelsey Murphy. Academics, Universities Come to the Rescue of the Mountains On April 23 and 24, nearly 40 people attended a remaining coal reserves, the coal industry is taking down symposium at the University of Pennsylvania organized by the through a method of strip mining Mary Hufford, professor and director of the Center for known as ‘mountaintop removal and valley fill.’ Disappearing Folklore and Ethnography. The university’s Institute for along with the mountains and valleys is a wealth of biocultural Environmental Studies co-sponsored the event, “Sustaining diversity and associated historical and ecological memory. the Mountains: Ecological Citizenship for the 21st Century.” Can the mountains and communities of Central Appalachia A flier advertising the event read in part: “To get at the survive the national demand for coal-fired electricity?” 16 DECAF Takes on Proposed Massive Delbarton Slurry Impoundment that Threatens Residents by Jen Osha Energy subsidiary, ever fail. The current emergency The day after OVEC’s Summit for the Mountains, evacuation plan calls for downstream residents to travel Erin, Paul and I went to Delbarton in Mingo County to meet upstream into oncoming sludge in case of a break! with Larry and Alisa Maynard. After our trip to Delbarton, Erin and I felt strongly Larry has founded DECAF, Delbarton that we wanted to visit the site of a slurry spill to better Environmental Community Action Foundation. We arrived understand the potential consequences of a break in at his home to find that he plans to convert his house into the Delbarton. So we headed down to meet Monroe Cassady DECAF headquarters. Larry, Alisa, and the other DECAF for the sludge tour of Inez, Ky. We stayed with Glen Cornett members are certainly committed! Larry, Walter Young and and his family. The Cornetts were the first residents to be Leroy Runyon are the primary movers and shakers. submerged in sludge from the spill. DECAF’s main concern is the slurry impoundment On October 11, 2000, Inez was the site of a slurry above Delbarton, which is under expansion. When (if ???) spill twice that of Buffalo Creek and around 20 times as big the Delbarton Coal impoundment is completed, it will be as that of the Exxon Valdez. Over 300 million gallons of 250 feet high, sitting directly over the 474 residents who sludge broke into an abandoned mine below the Big Hollow live within 1,000 feet of the mine entrance. The number of impoundment and flowed into two watersheds, then into residents doesn’t even include all of the people who live 5 the Tug Fork of the Big Sandy River. Sludge inched its miles downstream and 1 mile upstream – the “inundation way down Coldwater Creek like lava, forming its own layer area” should this impoundment, built by yet another Massey of fog as it traveled. One-hundred and eleven million gallons continued on page 18 Spadaro continued from page 13 office door locks. Upon his return, Jack was not even allowed back into the Academy building. MSHA is apparently charging Jack with fraud and ACTION ALERT misappropriation of government funds. At his supervisors’ requests, Jack hired Sam Bond to teach at the Academy Send letters or calls of support for Jack about three years ago. During the week, Sam stayed at the Spadaro to Sen. Robert Byrd and academy’s living quarters and did not pay for his meals or Congressman Nick Joe Rahall. These his rent, which is apparently why MSHA is punishing Jack. politicians know what is up, and most likely are The publisher of Mine Safety and Health News on Jack’s side, so please make sure your received many anonymous notes from Jack’s co-workers letters and calls have a respectful tone. who call Jack’s suspension a “witch hunt” and “vindictive.” One co-worker told the News that MSHA’s own regulations The Honorable Robert Byrd United States Senate dictate that MSHA employees are not to be charged room 311 Hart Senate Office Building and board at the Academy. Washington, D.C. 20510-4801 The Academy employees who contacted the News Phone: (202) 224-3954 had very high praise for Jack. One wrote that “a small Fax: (202) 224-4168 group of academy employees, encouraged by (MSHA) [email protected] headquarters, conspired with the Republican administration The Honorable Nick J. Rahall II to get rid of Jack. Shame on them. They seized upon US House of Representatives whatever they could, and that was his compassion for a 2307 Rayburn House Office Building former federal inspector with MS who was so disabled that Washington, D.C. 20515-4803 he moved about the building in a motorized scooter.” Phone: (202) 225-3452 Fax: (202) 225-9061 Jack has hired attorneys Roger Forman and Jason [email protected] Huber to defend him against MSHA’s attack. A whistleblower couldn’t ask for better legal aid. 17 DECAF continued from page 17 of black water rushed into Wolf Creek. In both watersheds, residents lay sleeping. They received no warning from Martin County Coal nor its owner – again, Massey Energy. MCC UPCOMING EVENTS said the breakthrough occurred at 12:15 a.m., but state Friday, July 4, 10 p.m. on WV Public Television, part of officials said it wasn’t reported until 3:45 a.m. the “Headwaters: Real Stories from Rural America” Ten days after the spill, black water reached the documentary series from Appalshop. "Coal Bucket Outlaw" Ohio River. For 20 miles, all aquatic life died in what was is built around a day in the life of a Kentucky coal truck termed a “total kill.” Responding to the crisis, a driver. The program gives Americans a direct look at where representative for Martin County Coal stated that the slurry our energy comes from and reveals the human and spill was “the direct, sole and proximate result of an act of environmental price we pay for our national addiction to God, the occurrence of which was not within the control of fossil fuels. Martin County Coal.” Sound familiar? After a moment of silence, Erin said aptly, “The only act of God I see is that no Saturday, July 5, 1 p.m. to ? 14th Annual Fourth of July one was killed.” Celebration at the Stanley Heirs park on Kayford Mountain The truth is that MCC had plenty of warning. So with OVEC board member Larry Gibson. Bring a covered did the Mine Safety and Health Administration. In May of dish and drinks. Music by the Carpenter Ants, bingo and 1994, millions of gallons of sludge escaped into the mine more. The celebration continues Sunday. Call Larry at (304) shaft and thence into Wolf Creek. 542-1134 or e-mail [email protected] for info and Larry Wilson, an MSHA engineer, recommended directions. that a mine shaft be completely filled in to avoid a possible loss of life if a cave-in did occur. MCC did not fill in the Monday, July 21, 6 p.m. WV Department of mine shaft. Environmental Protection headquarters at 10 McJunkin There are a number of frightening similarities between Road, Nitro. Public hearing on proposed changes to post- the spill in Inez and a potential spill in Delbarton. In addition mining land use regulations. The proposed changes are on to the obvious Massey connection, both impoundments are file with the Secretary of State’s office. Written comments will be accepted until the public hearing. Mail comments to: located very close to abandoned underground mine shafts. WV Department of Environmental Protection In both cases, a Massey representative, and not a third party, Attn: Matt Crum is in charge of notifying residents if their lives are in danger. 1356 Hansford Street In Inez, if both the sludge and the water had broken out into Charleston, WV 25301 the same watershed, people could have died. Glen Cornett’s son-in-law, Greg Porter, was a Tuesday, July 22, 2-5 p.m. and 7-11 p.m. at the Forum at contractor who was hired by Martin County Coal to work the Hal Rogers Center, 101 Bulldog Lane, Hazard, Ky. on the Big Branch impoundment after the 1994 break. Public hearing on the draft Environmental Impact Statement “They should have shut it down right then,” he said angrily. (EIS) about mountaintop removal. For 6 months he worked double shifts to haul strip rock to reinforce the dam. “Slurry Lake is what they ought Thursday, July 24, 2-5 p.m. and 7-11 p.m. at the to call it. It’d kill any living thing it touched. I know. I’ve Charleston Civic Center, Little Theater, 200 Civic Center worked around it, been around it.” Drive, Charleston, WV. Second public hearing on the draft When Greg heard about proposed enlargement of EIS about mountaintop removal. the slurry impoundment in Delbarton, he had a message he The EIS is also open for written public comments, wanted to share with DECAF and other activists: which must be submitted by August 29 to: “Put the word out – Don’t let them put a slurry Mr. John Forren, U.S. EPA (3ES30) pond in if there’s a deep mine already there. Because it will 1650 Arch Street break. It will leak. And they might not be as lucky as we Philadelphia, PA 19103 were.” The 4,000 page draft EIS document can be viewed Contact DECAF at: [email protected] at: www.epa.gov/ region3/mtntop/eis.htm 18 A New Way to Help Out OVEC, and Keep Turning Your Trash into Cash! Now you can use your credit Call or e-mail Maryanne, (304) 522-0246, or card to donate to OVEC on-line. Go to [email protected], to get your supply of bags. www.ohvec.org and click on the “Donate” button or the disappearing mountain to use your Endangered-Species Lawsuit Targets MTR Mastercard or Visa. Many thanks to OVEC’s web wizard, As mountaintop removal destroys wildlife habitat, Don Alexander, for setting up this system. coal companies and their supposed government regulators Of course, you can still donate the old-fashioned are ignoring rules written to protect endangered species. way, too, by sending us a check. Your financial support That’s why several groups have filed a notice of keeps OVEC at work. Thank you! intent to sue the Department of Interior and the U.S. Army And another big “Thank You!” to Daniela Corps of Engineers for failing to properly examine mining Woodyard and other folks who recycle their impacts to endangered species before issuing mountaintop empty printer ink cartridges by sending them removal permits. off to Envirosmart, which refills and sells them. Attorneys Joe Lovett of the Appalachian Center Envirosmart provides us with free, postage-paid bags, with for the Economy and Environment, and Scott Edwards, of an OVEC code stamped on them, to give you. the Water Keeper Alliance, filed the notice on behalf of Each month, the company counts how many OVEC OVEC, Coal River Mountain Watch, the West Virginia supporters sent in cartridges, then sends us a check. Highlands Conservancy and six southern WV families.

Make a DIFFERENCE! Join a WINNING TEAM! Get ACTIVE with OVEC! r OVEC stopped plans for a toxic waste incinerator in Ohio that would have imported waste from across the nation. r OVEC organizing forced an end to chronic pollution violations at the Ashland Oil refinery in Catlettsburg, Ky. r OVEC led the broad effort to stop plans for the nation’s largest pulp mill, which would have used outdated, heavily polluting technologies. r An OVEC lawsuit compelled state government to enforce important provisions of the federal Clean Water Act. r OVEC worked with other groups to stimulate passage of first-step campaign finance reform laws in West Virginia. r OVEC is changing the face of "politics as usual" in West Virginia through our Clean Elections work. r OVEC is committed to bringing an end to mountaintop removal/valley fill strip mining.

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19 A Little Justice for the Coalfields, If You Please!

On June 23, about 100 people gathered outside the Charleston branch of the U.S. Office of Surface Mining to condemn that agency’s dismal record of enforcing mining laws. Enforcing the laws would go a long way toward reining in the excesses of mountaintop removal/valley fill strip mining. People also gathered simultaneously in Lexington, Ky., and Pittsburgh, Pa., to demand justice for coalfield residents and as a way to demonstrate that this is not just a West Virginia issue. photo by Abe Mwaura

Ohio Valley Environmental Coalition P O Box 6753 NONPROFIT ORG Huntington WV 25773-6753 US POSTAGE PAID HUNTINGTON WV PERMIT NO 370

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